Summary On the morning of 29 March 2005, the wood-hulled fishing vessel JustinM became trapped in ice-packed waters south of the Magdalen Islands while on a seal-hunting expedition. It was freed early the next morning by the Canadian Coast Guard Ship Amundsen but sank at 0643eastern standard time while being escorted to Cap aux Meules, Quebec. All 9crew members were rescued, and no injuries were reported. Ce rapport est galement disponible en franais. Other Factual Information Particulars of the Vessel Description of the Vessel The JustinM was purchased by the current owner in2002. Initially designed for cod fishing, the vessel was rigged for shrimp in2003. During this conversion, its wooden hull was covered with fibreglass. Moreover, to protect the hull from ice abrasion, a 5mm-thick wood plank extending about 60mm above the waterline was fitted on both sides, along the entire length of the vessel. The JustinM in 2004 (Conservation and Protection, Fisheries and Oceans Canada) According to Transport Canada (TC) inspection records, the JustinM was equipped with navigation equipment consistent with the regulatory requirements. There were 9lifejackets, 10personal flotation devices, 9immersion suits, and 2six-person liferafts on board. Seal-hunting equipment included two snowmobiles, two small boats with outboard motors and two sleds. History of the Voyage On the morning of 24 March 2005, final preparations were being carried out on board the JustinM for the voyage from Port Saunders, Newfoundland, to the Magdalen Islands, Quebec, in the Gulf of St. Lawrence (see AppendixA) to participate in the annual seal hunt. Many other vessels from that same port began to leave late on March24. Instead of departing on March25 as planned, the captain of the JustinM followed suit and left with the group. The vessel departed around midnight on March24 and reached the ice pack south of the Magdalen Islands at 1530eastern standard time on March25.2 A herd of approximately 300seals was spotted almost immediately, and the captain decided to keep his vessel in proximity of this herd while waiting for the opening of the seal hunt, which was set for sunrise on March29. Increasing wind, however, caused ice-field pressure on the vessel, so the captain manoeuvred into open water while looking for other seals. This type of manoeuvring continued over the next couple of days until March29 when, at 0243 in position 4708'N and 06148'W,3 the ice-field pressure on the JustinM was such that the hull on both sides amidships was pushed inward by approximately 10cm. Water ingress through the hull was observed in the engine room and the forward part of the vessel. A distress call was made using the very high frequency (VHF) radiotelephone on channel16, and the crew began to unload equipment onto the surrounding ice. The distress call was received by the Marine Communications and Traffic Services (MCTS) centre at Rivire-au-Renard, Quebec, which then transmitted a Mayday Relay. In addition to the JustinM, several other vessels were trapped in the ice around this time, with each suffering varying degrees of damage. At least two of these were damaged to the extent that Canadian Coast Guard (CCG) icebreaker assistance was requested to free them. The icebreakers CCGS Amundsen and CCGS EdwardCornwallis, as well as the bulk carrier FederalProgress, were the first three vessels to respond to the call. The CCGS Amundsen was one hour's sailing time away, and the CCGS EdwardCornwallis was at Cap aux Meules, Quebec, approximately 1.5hours away. The FederalProgress, some 23nautical miles away, was stood down because it was too far away to be of immediate assistance. The sealing vessels ManonYvon and GrandMakasti also acknowledged the call, but the latter could not reach the JustinM in time due to the ice field. Eleven other sealing vessels were reportedly within one mile of the JustinM but did not respond to the call. While waiting for the icebreaker, crew members used a chainsaw to cut the ice on each side of the vessel to reduce the ice pressure on the JustinM's hull. They also activated the three pumps on board. At approximately 0340, the ManonYvon arrived on scene. It was unable to relieve the ice pressure, but stood by to provide assistance as necessary. The CCGS Amundsen arrived later, at 0405, having been delayed by the ice field. The icebreaker then manoeuvred around the JustinM to reduce the ice pressure. Two of its crew members were tasked with evaluating the situation on board the JustinM and reporting back. With the release of the pressure, the water ingress stopped and the stricken vessel's master considered the situation under control. However, as a matter of caution, it was decided to transfer two portable pumps from the CCGS Amundsen onto the JustinM- bringing its total to five pumps- and to reload the off-loaded equipment from the fishing vessel onto the icebreaker. The icebreaker CCGS EdwardCornwallis arrived on the scene at 0505- it too was delayed by the ice field- and was tasked with escorting the JustinM to Cap aux Meules for repairs. Shortly after getting underway, some of the JustinM's crew members went to rest in the galley, while others continued monitoring the vessel's compartments. The JustinM less than one minute after it started taking on water The JustinM two minutes later, just before sinking At approximately 0640, a sudden ingress of water and ice was observed entering the fish hold; the JustinM began to sink shortly thereafter. The crew members abandoned the vessel onto the ice and were taken on board the CCGS EdwardCornwallis. Three minutes later, the JustinM sank in approximately 20m of water. Its position was 4711.1'N, 06145.7'W (see AppendixA). The crew was transported to Charlottetown, Prince Edward Island, and arrived on 31March2005. Weather Information The ice concentration for the region at the time was nine-tenths first-year ice.4 On March27 the marine weather forecast predicted southerly winds of 15to 20knots, increasing to 20to 25knots in the afternoon, and reaching gale force of 35knots near sunrise on March28. On the afternoon of March28, an ice-hazard bulletin was issued. It announced a rapid closing of coastal leads for the evening, with strong ice pressure developing inside the pack ice and persisting through March29. Vessels in the area on the morning of March29 confirmed this; hunters experienced rain and southerly winds up to 30knots, and ice-pack pressure was strong with no significant open water or leads. Vessel Certification Under existing Canadian regulations, a fishing vessel such as the JustinM requires an inspection every four years. The vessel was last inspected by TC on 26March2004 and issued a certificate specifying a crew of six for home-trade, ClassII voyages and home-trade, ClassI voyages from May to November. The voyage from Port Saunders to the Magdalen Islands was a home-trade, ClassII voyage. The certificate did not impose any limitations with respect to operations in ice. Crew Certification and Experience The master of the JustinM holds a fishing master, fourth-class certificate of competency, which was issued in2004. The master took a Marine Emergency Duties (MED) course that same year. No other crew member held a competency certificate, nor had they completed any MED training, although some had been sealing or fishing for many years.5 The crew of the JustinM had experience in the sealing industry and was well aware of the hazards associated with operating in ice: during previous sealing activities, the vessel had suffered damage requiring repairs. Seal Hunting in Eastern Canada Seal hunting goes back hundreds of years in eastern Canada. It is an important revenue source for some fishers and an integral part of the way of life in the area.6 The hunt, which has drawn sealers from around the world, was originally carried out from the shore, with hunters jumping on the ice pack and walking to the seals, or by using small craft to reach the drifting ice a few miles offshore. Larger vessels were later used to reach areas further out, and for a time, helicopters and small aeroplanes were employed. The harp seal, concentrated in specific areas on the ice during the birthing period, is the main species hunted in today's commercial market.7 The main sealing regions in Canada are located in the Gulf of St. Lawrence and off the northeast coast of Newfoundland. The former is referred to as the "Gulf" while the latter is known as the "Front." Seals are also hunted along the lower north shore of Quebec, and Newfoundland's west coast (see AppendixB). During the 1960s and 1970s, the price of a seal pelt varied, but it fell to an all-time low in the 1980s,at about $15per pelt. Prices remained low until the mid-1990s, when the seal quota was set at 186000. The industry has since grown; as a result, by2005, the quota had risen to 325000, and pelts were fetching anywhere from $50to $70each. AppendixC indicates the growth of the industry in terms of quota, price of pelts, and number of licences issued from 1995to2005. Canadian Coast Guard Support From mid-November to the end of June, CCG icebreakers provide services to a variety of vessels in Canadian waters, including the Gulf of St.Lawrence. To reduce risks, icebreakers escort ships and organize convoys through ice-infested waters; they free trapped vessels, maintain shipping channels in shore-fast ice, and stand by in areas where requests for route assistance are likely. In the past, icebreakers in the Gulf opened routes through the ice to help the sealers search for game.8 Today, this practice has been long abolished, and icebreaker service is limited to helping vessels manoeuvre out of the ice fields. However, when icebreakers are called to free trapped sealers, other vessels will sometimes use the resultant track to gain even deeper access to ice fields - and just-freed vessels have been known to return immediately into the ice field in search of seals. The CCG receives numerous requests for assistance from vessels during the seal harvest. Emergency situations are classified as search and rescue cases, others as requests for icebreaker assistance. On 29March2005, two icebreakers were on site in the Gulf of St. Lawrence, providing a full-time service and ready to assist those vessels requiring aid. A third vessel was tasked with monitoring anti-seal hunt activists. Department of Fisheries and Oceans Resource Management The Department of Fisheries and Oceans (DFO) is mandated to manage living marine resources, including seals. Besides observer coverage and vessel monitoring using satellites, DFO does so in several ways: by regulating the number of sealer licences, by allocating quotas, by limiting the size of vessels that can participate, and by specifying the opening and closing dates of the annual seal hunt. Sealer Licensing To ensure the hunt is performed in a humane manner, and to avoid inexperienced persons jeopardizing good hunting practices, DFO limits hunting to those persons who hold a licence. DFO issues four types of sealing licences: a commercial or "professional" licence, an assistant licence, a personal licence, and a licence for nuisance seals.9 Furthermore, in the DFO Commercial Fisheries Licensing Policy, a professional licence can only be issued to someone who has first been issued an assistant sealing licence and who has actively participated in this activity during the preceding two years under the supervision of a professional licence holder. Of the 10 383 licences issued as of 1995, 9118(or almost 90percent) were professional licences. In 2005, DFO had a total of over 15000licences registered. This represents an increase of almost 45percent over1995. At least one person per vessel must have a "professional licence." On the JustinM, it was the master. Quota Allocation In 1964, DFO limited the total annual catch (TAC) to 50000. Other regulations to control the resource followed over the years, many of them stemming from the 1986Malouf report,10 with the result that today's harp seal population in Atlantic Canada is now approximately 5million - almost triple the 1970estimate. The TAC is shared among 11 different commercial sealing fleets. In each of those fleets, seal hunting is done on a "first come, first served" basis. There are no individual quotas for licence holders or vessels- the resource is open to all licence holders, with no limit on the quantity each can harvest- and so the money earned depends on how quickly an individual can harvest the maximum number of seals.11 Each sealer competes against all others in a mass-start contest, trying to harvest as many seals as possible as quickly as possible before a given year's global quota is met, at which point the hunt is declared over. The 2003-2005 Atlantic Seal Management Plan allows for the harvest of 975000harp seals over a three-year period. For2005, the TACwas set at 319517 and divided between the two hunting zones, the Gulf and the Front, and the different sealing fleets.12 The actual quantity of seals harvested for 2005was reported as 323826. Limiting Vessel Size and Banning Other Craft In 1965, foreign vessels were banned from hunting seals in the Gulf of St.Lawrence and, in 1968, helicopters and small aeroplanes were also banned. At that time, there were no limits on the size of sealing vessels. In 1987, as a result of the Malouf report, DFOlimited the length of vessels participating in the seal hunt to less than 19.81m (65feet), subdividing them into two groups - small vessels less than 10.67m (35feet) and other vessels up to 19.81m (65feet).13 Opening and Closing Dates DFO's first attempt to manage the seal hunt was in 1961, when it imposed a closing date for the season. Since1987, in accordance with the Malouf report, DFO has banned the hunting of so-called "white coats"- that is, harp seal pups under two weeks of age. By controlling the season's opening date, DFO ensures that harvesting does not begin until a critical mass of these pups have reached 25days of age, the point at which they can swim and find food. The season's closing date is more fluid; it is only announced once local quotas have been met. In2005, for example, the hunt in the Gulf began at sunrise on March29 and closed on April1 for small vessels, and on April2 for large vessels. On the Front, hunting was to begin on April12, but strong winds and heavy ice created a safety concern that caused DFO- in consultation with TC, the National Search and Rescue Secretariat and the sealers- to postpone opening until April15. Each commercial sealing fleet may also be subject to different season openings and closings. Vessels Involved in the Seal Hunt According to the Canada Shipping Act, vessels engaged in sealing activities are considered fishing vessels. Due to DFO management policies, vessels partaking in the annual seal hunt are, at most, 19.81m (65feet) in length, and the majority are constructed of wood, fibreglass, or a combination of both. Typically, their hulls, shafts, propellers, and rudders are not strengthened or reinforced for navigation in pack ice, having been built for open-water fishing and outfitted temporarily for participation in the hunt. In 2005, there were approximately 370sealing vessels operating in the Gulf (270of less than 10.67m) and 1100on the Front (828of less than 10.67m in length). Canada Shipping Act Regulations Sealing Ships Construction Regulations These regulations came into force in November 1954 and specifically addressed the construction and inspection of wooden and steel sealing ships, which were defined as ships "...engaged in sealing which [are] approved by the Board of Steamship Inspection as being suitable for sealing." The provisions therein specify the scantlings requirements for wooden ships, including special reinforcing of the ship's sides to resist damage from ice pressure, and the thickness of hull sheathing to be applied to resist ice-abrasion damage. The hulls of steel ships were to be built in accordance with recognized classification society rules applicable to vessels navigating in ice. Further to this, rudders and stern frames were to be strengthened for ice. Seawater inlet and overboard-discharge valves below the waterline were to be connected to boilers or air receivers such that they could be cleared of ice as necessary. Screw-shaft diameter was to be increased by 5 per cent over the otherwise-prescribed requirements. The vessels were also required to be drydocked for inspection each year. Following a 1992 federal review of all existing regulations, TCconcluded, as indicated in the Regulatory Impact Analysis Statement, that the Sealing Ships Construction Regulations were obsolete for the following reasons: legislation changes have made the regulations unnecessary; technological developments have made them obsolete; or the requirements were already covered by administrative policy or by other regulations. As a result of that review, the Sealing Ships Construction Regulations were revoked in 1993. Small Fishing Vessel Inspection Regulations Fishing vessels such as the JustinM are subject to the requirements of the Small Fishing Vessel Inspection Regulations made pursuant to the Canada Shipping Act. These regulations contain no provisions to address the risk of ice damage posed to vessels that may operate in ice-covered waters, such as during the seal hunt. Casualty Statistics Between 1990 and 2005, during the months of March, April, and May- some 48months of sealing activity- 227occurrences involving fishing vessels operating in ice-covered water were reported through CCG radio stations. The majority of these involved hull damage, with a total of 21vessels lost, although there was no loss of life. The investigation also revealed that many more incidents are not reported.